Sree Mahesh vs State Of Kerala

Dr. Kauser Edappagath, J

This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

The applicant is the sole accused in Crime No.573/2023 of Mavelikkara Police Station, Alappuzha district. The offences alleged are punishable under Sections 307 and 302 of the Indian Penal Code and Section 75 of the Juvenile Justice (Care and Protection of Children) Act.

The prosecution case, in short, is that, the applicant, on 07.06.2023, at about 07.30 PM, at his house, with an intent to kill his mother and daughter, hacked his daughter, aged six years to death and attempted to commit murder of his mother by hacking on her forehead by using an axe and thereby, committed the offences.

I have heard Sri.E G. Gorden, the learned counsel for the applicant and Smt. T.V. Neema, the learned Senior Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

The applicant was remanded to judicial custody on 08.06.2023. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. This is a case where the father brutally murdered his own six year old daughter and brutally attacked his own mother. The offences alleged are serious in nature. Though the learned counsel for the applicant submitted that the applicant was suffering from some mental illness, no documents are produced to substantiate his contention.

Considering the nature of the crime, how the petitioner is alleged to have complicity in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.